The Regulation Of Subsidies Within The General Agreement On Trade In Services Of The Wto

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The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO

Author : Pietro Poretti
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131620
Total Pages : 346 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO by : Pietro Poretti

Download or read book The Regulation of Subsidies Within the General Agreement on Trade in Services of the WTO written by Pietro Poretti and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.

WTO Disciplines on Subsidies and Countervailing Measures

Author : Dominic Coppens
Publisher : Cambridge University Press
ISBN 13 : 1139916017
Total Pages : 695 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis WTO Disciplines on Subsidies and Countervailing Measures by : Dominic Coppens

Download or read book WTO Disciplines on Subsidies and Countervailing Measures written by Dominic Coppens and published by Cambridge University Press. This book was released on 2014-05-22 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the WTO leave appropriate policy space to its Members to pursue legitimate objectives, such as the economic development of developing countries, the conversion to a greener economy, or recovery in times of a global economic downturn? This legal and normative analysis of the WTO rules on subsidies and countervailing measures sheds light on why governments resort to subsidization and, by tracing the historical origins of the SCM Agreement and the Agreement on Agriculture, on why they have been willing to gradually confine their policy space. This sets the stage for a systematic and comprehensive legal analysis of both agreements, which integrates the vast amount of case law and proposals tabled in the Doha round. A separate case study explores the complex rules on export credit support, and the book closes with an in-depth normative assessment of these WTO rules on subsidies and countervailing measures.

Subsidies in the Context of the WTO's Free Trade System

Author : Gurwinder Singh
Publisher : Springer
ISBN 13 : 3319624229
Total Pages : 351 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Subsidies in the Context of the WTO's Free Trade System by : Gurwinder Singh

Download or read book Subsidies in the Context of the WTO's Free Trade System written by Gurwinder Singh and published by Springer. This book was released on 2017-09-04 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses subsidies from various perspectives and creates a model that determines whether or not their use is justified. Further, it analyses the various causes of trade distortion, trade-discriminatory practices, and other issues associated with unregulated subsidies. In addition, the book considers how these issues fall within the scope of subsidies described under the SCM Agreement. The primary discussion from the perspective of WTO objective concerns the trade practice of awarding subsidies, for exports and also for protectionist purposes. Here, the terms justifiable and non-justifiable are used as hypothetical parameters to determine the extent of state support, considering the country classification based on economic and technological criteria, and their objectives for development. These parameters are distinct from Prohibited, Actionable, and Non-Actionable subsidies, as classified under the SCM Agreement. Subsidies awarded for the purposes of development and for welfare are considered as justifiable, whereas subsidies for the promotion of exports or state measures adopted for protectionist purposes are non-justifiable. Lastly, the book addresses the implications of such subsidies on the core objectives of the WTO and in connection with fair trade values.

Most-favoured-nation Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development

Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

WTO - Trade in Services

Author : Rüdiger Wolfrum
Publisher : BRILL
ISBN 13 : 904742736X
Total Pages : 816 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis WTO - Trade in Services by : Rüdiger Wolfrum

Download or read book WTO - Trade in Services written by Rüdiger Wolfrum and published by BRILL. This book was released on 2008-05-19 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications.

Fair and Equitable Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

The Politics of Fossil Fuel Subsidies and Their Reform

Author : Jakob Skovgaard
Publisher : Cambridge University Press
ISBN 13 : 1108416799
Total Pages : 349 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Politics of Fossil Fuel Subsidies and Their Reform by : Jakob Skovgaard

Download or read book The Politics of Fossil Fuel Subsidies and Their Reform written by Jakob Skovgaard and published by Cambridge University Press. This book was released on 2018-08-23 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive volume provides the first book-length account on the politics of fossil fuel subsidies. This title is also available as Open Access.

Regulation of Subsidies and State Aids in WTO and EC Law

Author : Gustavo E. Luengo Hernández de Madrid
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Regulation of Subsidies and State Aids in WTO and EC Law by : Gustavo E. Luengo Hernández de Madrid

Download or read book Regulation of Subsidies and State Aids in WTO and EC Law written by Gustavo E. Luengo Hernández de Madrid and published by . This book was released on 2007 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Remarks --Economic Analysis of Subsidies --Evolution of the Regulation of Subsidies in International Trade: From the GATT to the WTO --The Regulation of Subsidies in the Agreement on Subsidies and Countervailing Measures --The Regulation of Subsidies in the Agreement on Agriculture --Subsidies in the WTO: The 'Foreign Sales Corporations' Case --Evolution of the State Aid Rules in the EC --The Notion of 'State Aid': Article 87.1 of the EC Treaty --State Aids Compatible with the Common Market --Procedural Issues: Control of State Aids in the EC and Recovery of State Aids --Agricultural Subsidies in the EC --Comparison of the WTO and EC Rules on Subsidies and State Aids --Conformity of the EC State Aid Rules With the WTO: Suggestions --Final Remarks.

Export Promotion and the WTO

Author : Philippe De Baere
Publisher : UN
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Export Promotion and the WTO by : Philippe De Baere

Download or read book Export Promotion and the WTO written by Philippe De Baere and published by UN. This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on export promotion schemes that developing countries may use without violating international trade rules. It examines the rules themselves ndash; the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures for industrial goods and the Agreement on Agriculture for agricultural products ndash; and looks at schemes currently in place in the developing world.

The WTO Law of Subsidies

Author : Marc Benitah
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403503343
Total Pages : 728 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The WTO Law of Subsidies by : Marc Benitah

Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.

China and the WTO

Author : Petros C. Mavroidis
Publisher : Princeton University Press
ISBN 13 : 0691206597
Total Pages : 262 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis China and the WTO by : Petros C. Mavroidis

Download or read book China and the WTO written by Petros C. Mavroidis and published by Princeton University Press. This book was released on 2021-01-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures

Author : José Guilherme Moreno Caiado
Publisher : Cambridge University Press
ISBN 13 : 1108474322
Total Pages : 277 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures by : José Guilherme Moreno Caiado

Download or read book Commitments and Flexibilities in the WTO Agreement on Subsidies and Countervailing Measures written by José Guilherme Moreno Caiado and published by Cambridge University Press. This book was released on 2019-05-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the WTO rules governing industrial subsidies, as established by the SCM Agreement and interpreted by relevant case law.

Efficiency, Equity, and Legitimacy

Author : Roger B. Porter
Publisher : Rowman & Littlefield
ISBN 13 : 9780815798255
Total Pages : 470 pages
Book Rating : 4.7/5 (982 download)

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Book Synopsis Efficiency, Equity, and Legitimacy by : Roger B. Porter

Download or read book Efficiency, Equity, and Legitimacy written by Roger B. Porter and published by Rowman & Littlefield. This book was released on 2004-06-23 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multilateral trading system stands at a crossroads. Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. These essays by leading scholars and trade officials honor Raymond Vernon, one of the architects of the international economic institutions established following the Second World War. The book examines several key issues at the heart of the debate over the multilateral trading system. What are the global efficiency gains from further liberalization? How can efficiency gains be maximized while respecting legitimate claims to sovereignty? Is the trading system affording an equitable distribution of benefits between countries and among various groups within societies? Does civil society have a role in the trading system? What role should the World Trade Organization and its dispute settlement procedures play in resolving disputes and enhancing legitimacy?

Domestic Regulation and Service Trade Liberalization

Author : Pierre Sauve
Publisher : World Bank Publications
ISBN 13 : 0821383434
Total Pages : 244 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Domestic Regulation and Service Trade Liberalization by : Pierre Sauve

Download or read book Domestic Regulation and Service Trade Liberalization written by Pierre Sauve and published by World Bank Publications. This book was released on 2003-08-29 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade in services, far more than trade in goods, is affected by a variety of domestic regulations, ranging from qualification and licensing requirements in professional services to pro-competitive regulation in telecommunications services. Experience shows that the quality of regulation strongly influences the consequences of trade liberalization. WTO members have agreed that a central task in the ongoing services negotiations will be to develop a set of rules to ensure that domestic regulations support rather than impede trade liberalization. Since these rules are bound to have a profound impact on the evolution of policy, particularly in developing countries, it is important that they be conducive to economically rational policy-making. This book addresses two central questions: What impact can international trade rules on services have on the exercise of domestic regulatory sovereignty? And how can services negotiations be harnessed to promote and consolidate domestic policy reform across highly diverse sectors? The book, with contributions from several of the world's leading experts in the field, explores a range of rule-making challenges arising at this policy interface, in areas such as transparency, standards and the adoption of a necessity test for services trade. Contributions also provide an in-depth look at these issues in the key areas of accountancy, energy, finance, health, telecommunications and transportation services.

International Trade in Services

Author : Mr.Alexander Lehmann
Publisher : International Monetary Fund
ISBN 13 : 1451972202
Total Pages : 25 pages
Book Rating : 4.4/5 (519 download)

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Book Synopsis International Trade in Services by : Mr.Alexander Lehmann

Download or read book International Trade in Services written by Mr.Alexander Lehmann and published by International Monetary Fund. This book was released on 2003-12-01 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper reviews the characteristics of international trade in services and of the World Trade Organization’s General Agreement on Trade in Services (GATS) framework, which was established to regulate it. Further liberalization of services trade in developing countries, as currently envisaged in the context of the WTO Doha Development Agenda, holds a number of potential benefits, such as underpinning the liberalization of goods trade, but it is also being resisted due to its potential adjustment costs. Two implications for IMF activities are examined: coherence among the three principal international economic institutions and sequencing with macroeconomic stabilization and regulatory reforms.

Understanding the WTO

Author :
Publisher : World Trade Organization
ISBN 13 : 9287034958
Total Pages : 116 pages
Book Rating : 4.2/5 (87 download)

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Book Synopsis Understanding the WTO by :

Download or read book Understanding the WTO written by and published by World Trade Organization. This book was released on 2008 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

WTO Agreement on Subsidies and Countervailing Measures

Author : Wolfgang Müller
Publisher : Cambridge University Press
ISBN 13 : 1108279511
Total Pages : 1181 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis WTO Agreement on Subsidies and Countervailing Measures by : Wolfgang Müller

Download or read book WTO Agreement on Subsidies and Countervailing Measures written by Wolfgang Müller and published by Cambridge University Press. This book was released on 2017-08-18 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panels and the WTO Appellate Body have rendered a large number of complex and lengthy rulings on the Agreement on Subsidies and Countervailing Measures. The reasoning behind these rulings is often intimately linked to the underlying facts of a particular case and the methods of litigation adopted by the parties. Without guidance, it is difficult to find and research a specific subsidy issue quickly. This book provides an essential article-by-article commentary on the Agreement and sets out the law as it emerges from this body of rulings, providing the legal basis for further analysis of subsidy disciplines within the realms of economics and political science. It also includes a useful summary of the negotiating history and the links to other WTO Agreements such as GATT 1994. This important reference work will appeal to international trade lawyers, government officials, researchers, students of international trade law, business associations and NGOs.